Opinion
Motion No: 2015-01904 KC
05-24-2016
Amity Court, Inc., Appellant, v. Joan Wertheim, Respondent.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on appeals from an order of the Civil Court of the City of New York, Kings County, entered April 17, 2014, and a decision of the same court dated October 22, 2014, to continue a stay granted by decision and order on motion of this court dated October 29, 2015 and extended by decision and order on motion of this court dated February 10, 2016, and for leave to submit the appeal on an abridged record. Cross motion by respondent to vacate the stay, dismiss the appeal, and direct the release of funds on deposit.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of appellant's motion seeking leave to submit the appeal on an abridged record is denied; and it is further,
ORDERED that the branch of appellant's motion seeking to continue the stay is granted on condition that appellant perfect the appeal by July 1, 2016; and it is further,
ORDERED that the branch of respondent's cross motion seeking to dismiss the appeal is denied on condition that the appeal be perfected by July 1, 2016; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 1, 2016, the court, on its own motion, may dismiss the appeal and/or vacate the stay, or respondent may move to dismiss the appeal and/or vacate the stay on three days' notice, and may serve such application in person; and it is further,
ORDERED that the branches of the cross motion seeking to vacate the stay and to direct the release of funds on deposit are denied.
ENTER:
Paul Kenny
Chief Clerk